Abstracts Law

The best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedings

by Ziphokazi Dimpho Sisilana

South Africa has a history of human rights atrocities that have created an urgency to attend to the previously marginalised and vulnerable groups of society. The Constitution of the state as well as other international treaties have created provisions that entrench the commitment to protect the child. This has been done through the inclusion of the 'best interests of the child' principle in the instruments. This study examines the development of the 'best interests' of the child. Furthermore, it analyses how and why the principle developed in the international and national context. The purpose is to come to the findings that the newly introduced Children's Act has created a better scope of protection than the previous common law precedent. The leading component of the study is criticising the method of the application of the 'best interests' of the child principle in South Africa. The author will specifically focus of section 7 of the Children's Act and prove why the courts should be applying this provision in child-related cases. Advisors/Committee Members: Barratt, Amanda (advisor).